Justice & Fairness
by Sini Kunnas - Finland, Law student, artist, cultural influencer
Justice and Fairness - a Comparison Between Legal Principles and Everyday UnderstandingJustice and fairness are closely related concepts, yet they operate on different levels. Justice is often tied to laws, institutions, and formal procedures. Fairness, on the other hand, reflects more the intuitive and everyday judgments about what feels right. This is a changing perception - depending on culture and variety in law.
In Finland - a constitutional democracy and a strong rule-of-law state - both concepts play a central role in structuring society. This article compares these perspectives and examines how justice and fairness manifest in legal systems, everyday life, and broader cultural traditions.
Justice as a Legal Principle In the legal context, justice refers to the consistent, predictable, and equal application of laws. It is grounded in written norms, constitutional rights, and judicial procedures. Justice aims to ensure that everyone is treated equally before the law, rights and responsibilities are clear, legal decisions are based on evidence and proper process and public authorities act within their defined powers.
This institutional view distances itself from personal feelings as its goal is objectivity.
What can be said, is that when law expresses fairness, it contains equal adaptation of law for all in the same situation and similar context. What comes to law adaptation, individuality is not as important as is equality in similar situations.
So can individuality actually ever be regarded as “fair” - as it has to do with how we see fairness. Do we have a belief-system, which is not objective about how law can adapt justice is its use?
Fairness in an Everyday Understanding
In contrast, fairness is in everyday life is more flexible and subjective. People use it to describe situations where outcomes feel balanced or respectful. For example in sharing responsibilities fairly among family members, treating classmates or coworkers with equal consideration or feeling that a decision “makes sense” intuitively.
Everyday fairness is context-dependent and sensitive to emotions and social expectations. whereas legal justice must remain stable and formalized.
How “Fairness” Relates to the Finnish Word Oikeudenmukaisuus
In Finnish, oikeudenmukaisuus encompasses both justic and fairness. It includes legal justice (legal oikeudenmukaisuus) and moral or social fairness (arjen reiluus).
English separates these ideas more sharply: justice leans toward institutional processes, and fairness towards moral intuition. Finnish uses one term with a broad meaning, which partly explains cultural expectations that laws should also “to feel fair,” not merely be correct in procedure.
Justice and Fairness in the Finnish Rule of Law
Constitutional Foundations And Finland’s Constitution ensures justice and fairness through several key principles:
Equality before the law (Section 6): No one may be discriminated against on grounds such as gender, age, origin, or belief.
Protection of basic rights (Sections 2, 21): Public authorities must respect human rights and ensure fair legal proceedings.
Proportionality and objectivity in public decision-making: Authorities must act reasonably, transparently, and within the limits of the law.
These rules ensure legal fairness: the state must justify its actions, avoid arbitrary decisions, and treat people consistently. The country is one of the most equal I have seen towards women and men. Even chosen as the happiest nation in the world several years in a row, Finland still has a high number in domestic violence.
Fairnes in daily life is often seen similar to honesty. Which on its own part is seen as “the truth”. Then we again return back to individual vision of what is the truth. Some might say truthfulness may display as somewhat blunt at a Finnish karaoke bar on a weekend.
Bluntness is forgiven the next morning as it is seen as mere expression of emotions as one was venting stress out the previous evening. A foreigner visiting may feel insulted by the “fairness” been displayed the night before with direct frankness at a local
pub. However, not to worry. The direct words are now forgotten by all, who where present and normal workdays continue. Fairness is adapted with forgetting. Or trying to.
Where the Law Protects Citizens’ Rights to Equality and Fair Treatment.
Several areas of Finnish law guard fairness in relation to public power:
Administrative law requires equal treatment, reasoned decisions, and the right to be heard.
Non-discrimination legislation prohibits unequal treatment in both public and private sectors.
Ombuds institutions (e.g., the Parliamentary Ombudsman) supervise public authorities to prevent unfair or unlawful practices.
Courts provide remedies when rights are violated.
These mechanisms ensure that fairness is not only a moral ideal but also a legal right enforceable against the state.
People’s sense of fairness may expect a personalized response, while justice often requires the same treatment for everyone—even if the outcome feels rigid or impersonal.
How the Rule of Law Ensures the Presence of Fairness in Society
A functioning rule of law, like Finland’s, protects fairness in several ways:
Predictability: Citizens know that decisions will follow the same rules.
Transparency: Authorities must justify their choices, preventing hidden unfairness.
Accountability: There are effective remedies if public power is used unfairly.
Equality: Laws are designed to prevent arbitrary discrimination or favoritism.
Fairness and Justice in Cultural and Philosophical Traditions
Vedic Tradition Include Vedic philosophy, ṛta (cosmic order) and dharma (duty, righteousness) represent foundational ideas of justice and fairness. The universe is sustained by balance and moral order, and humans are responsible for maintaining harmony through just actions. Fairness is therefore a spiritual duty.
The panchayat was a traditional Indian village council that handled local governance and settled disputes within the community. Its name comes from “pancha”, meaning “five,” referring to the council of five elders who made decisions.
These councils resolved conflicts through discussion, consensus, and customary laws. Elders chosen for their wisdom and social respect guided the community and delivered judgments that aimed to restore harmony rather than impose punishment.
The system traces its roots to early Vedic-era community structures. Although the term panchayat does not appear in the Vedas, the practice of collective decision-making by respected elders evolved from those early traditions and continued across centuries in rural India.
Ancient Finnish Culture
Early Finnish traditions, influenced by animism and communal life, valued fairness through ideas such as shared responsibility
within the village, reciprocity in trade and social relationships and honor and balance in disputes, often resolved through mediation.
Fairness was tied to maintaining harmony within the small community.
Käräjäkivet (Trial Stones)
Käräjäkivet were “trial stones” used in ancient Finland as meeting points for local assemblies (käräjät), where disputes were resolved, laws were declared, and community decisions were made. They often served as symbolic or practical markers for gatherings and were large stones or stone settings traditionally used as gathering places for local assemblies and acted
in the role of the early court.
They were used during the medieval and pre-medieval periods, roughly from the early Middle Ages until local courts and formal legal systems became established. Communities would gather around these stones to hold hearings and settle conflicts.
EuropeanUnion Law
The EU explicitly incorporates fairness through the Charter of Fundamental Rights, the principles of proportionality,
non-discrimination, transparency, and good administration and the requirements that member states maintain independent courts and equal treatment.
Fairness is an operational principle guiding regulation, competition law, consumer protection, and human rights.
Within European Union countries, integrating diverse cultures into a unified legal system presents a significant challenge. Concepts such as 'fairness' and 'justice' are interpreted differently, shaped by emotional, cultural, and legal perspectives unique to each country.
Western Thought Western philosophy—from Aristotle to modern democratic theory—connects justice with fairness.
Aristotle distinguished distributive and corrective justice, Kant emphasized equal moral worth of individuals and Rawls
defined justice as fairness, based on equal rights and the “veil of ignorance”.
These traditions shaped modern legal systems, including those of Finland and the EU.
Conclusion
Justice (oikeudenmukaisuus) and fairness (reiluus) overlap but differ in key ways. In everyday speech, fairness describes what feels right in human interactions. In law, justice demands consistent, rule-based decisions aligned with constitutional rights. Finland’s rule of law transforms moral ideals of fairness
into formal protections of equality, transparency, and accountability.
Across Vedic thought, ancient Finnish culture, EU law, and Western philosophy, both justice and fairness appear as universal ideals. Their enduring presence across traditions shows that societies - be past or present - seek balance, harmony, and respect for the individual through both moral principles and legal structures.
Thoughts from the Writer
When the letter of the law intersects with society’s perception of justice and fairness, courts and lawyers often face significant challenges in maintaining trust and order. In today’s world, where WhatsApp, social media, and instant online access amplify every sentiment, feelings of resentment toward the legal system can linger for years after a court case.
It is therefore crucial to educate the public about how the legal system functions—what it can achieve and its inherent limitations. A judge, despite the authority of the robe, acts within a structured system and often must make decisions that reflect compromise
rather than personal bias. Legal outcomes are rarely targeted at individuals; they are responses to complex situations with no perfect solutions.
Justice is shaped by history, culture, and contemporary legal practice. When combined with the pervasive influence of social media, misunderstandings and disinformation about the law can easily take root. Bridging the gap between public perception and legal reality is essential for fostering trust in the system.
In Finland - a constitutional democracy and a strong rule-of-law state - both concepts play a central role in structuring society. This article compares these perspectives and examines how justice and fairness manifest in legal systems, everyday life, and broader cultural traditions.
Justice as a Legal Principle In the legal context, justice refers to the consistent, predictable, and equal application of laws. It is grounded in written norms, constitutional rights, and judicial procedures. Justice aims to ensure that everyone is treated equally before the law, rights and responsibilities are clear, legal decisions are based on evidence and proper process and public authorities act within their defined powers.
This institutional view distances itself from personal feelings as its goal is objectivity.
What can be said, is that when law expresses fairness, it contains equal adaptation of law for all in the same situation and similar context. What comes to law adaptation, individuality is not as important as is equality in similar situations.
So can individuality actually ever be regarded as “fair” - as it has to do with how we see fairness. Do we have a belief-system, which is not objective about how law can adapt justice is its use?
Fairness in an Everyday Understanding
In contrast, fairness is in everyday life is more flexible and subjective. People use it to describe situations where outcomes feel balanced or respectful. For example in sharing responsibilities fairly among family members, treating classmates or coworkers with equal consideration or feeling that a decision “makes sense” intuitively.
Everyday fairness is context-dependent and sensitive to emotions and social expectations. whereas legal justice must remain stable and formalized.
How “Fairness” Relates to the Finnish Word Oikeudenmukaisuus
In Finnish, oikeudenmukaisuus encompasses both justic and fairness. It includes legal justice (legal oikeudenmukaisuus) and moral or social fairness (arjen reiluus).
English separates these ideas more sharply: justice leans toward institutional processes, and fairness towards moral intuition. Finnish uses one term with a broad meaning, which partly explains cultural expectations that laws should also “to feel fair,” not merely be correct in procedure.
Justice and Fairness in the Finnish Rule of Law
Constitutional Foundations And Finland’s Constitution ensures justice and fairness through several key principles:
Equality before the law (Section 6): No one may be discriminated against on grounds such as gender, age, origin, or belief.
Protection of basic rights (Sections 2, 21): Public authorities must respect human rights and ensure fair legal proceedings.
Proportionality and objectivity in public decision-making: Authorities must act reasonably, transparently, and within the limits of the law.
These rules ensure legal fairness: the state must justify its actions, avoid arbitrary decisions, and treat people consistently. The country is one of the most equal I have seen towards women and men. Even chosen as the happiest nation in the world several years in a row, Finland still has a high number in domestic violence.
Fairnes in daily life is often seen similar to honesty. Which on its own part is seen as “the truth”. Then we again return back to individual vision of what is the truth. Some might say truthfulness may display as somewhat blunt at a Finnish karaoke bar on a weekend.
Bluntness is forgiven the next morning as it is seen as mere expression of emotions as one was venting stress out the previous evening. A foreigner visiting may feel insulted by the “fairness” been displayed the night before with direct frankness at a local
pub. However, not to worry. The direct words are now forgotten by all, who where present and normal workdays continue. Fairness is adapted with forgetting. Or trying to.
Where the Law Protects Citizens’ Rights to Equality and Fair Treatment.
Several areas of Finnish law guard fairness in relation to public power:
Administrative law requires equal treatment, reasoned decisions, and the right to be heard.
Non-discrimination legislation prohibits unequal treatment in both public and private sectors.
Ombuds institutions (e.g., the Parliamentary Ombudsman) supervise public authorities to prevent unfair or unlawful practices.
Courts provide remedies when rights are violated.
These mechanisms ensure that fairness is not only a moral ideal but also a legal right enforceable against the state.
People’s sense of fairness may expect a personalized response, while justice often requires the same treatment for everyone—even if the outcome feels rigid or impersonal.
How the Rule of Law Ensures the Presence of Fairness in Society
A functioning rule of law, like Finland’s, protects fairness in several ways:
Predictability: Citizens know that decisions will follow the same rules.
Transparency: Authorities must justify their choices, preventing hidden unfairness.
Accountability: There are effective remedies if public power is used unfairly.
Equality: Laws are designed to prevent arbitrary discrimination or favoritism.
Fairness and Justice in Cultural and Philosophical Traditions
Vedic Tradition Include Vedic philosophy, ṛta (cosmic order) and dharma (duty, righteousness) represent foundational ideas of justice and fairness. The universe is sustained by balance and moral order, and humans are responsible for maintaining harmony through just actions. Fairness is therefore a spiritual duty.
The panchayat was a traditional Indian village council that handled local governance and settled disputes within the community. Its name comes from “pancha”, meaning “five,” referring to the council of five elders who made decisions.
These councils resolved conflicts through discussion, consensus, and customary laws. Elders chosen for their wisdom and social respect guided the community and delivered judgments that aimed to restore harmony rather than impose punishment.
The system traces its roots to early Vedic-era community structures. Although the term panchayat does not appear in the Vedas, the practice of collective decision-making by respected elders evolved from those early traditions and continued across centuries in rural India.
Ancient Finnish Culture
Early Finnish traditions, influenced by animism and communal life, valued fairness through ideas such as shared responsibility
within the village, reciprocity in trade and social relationships and honor and balance in disputes, often resolved through mediation.
Fairness was tied to maintaining harmony within the small community.
Käräjäkivet (Trial Stones)
Käräjäkivet were “trial stones” used in ancient Finland as meeting points for local assemblies (käräjät), where disputes were resolved, laws were declared, and community decisions were made. They often served as symbolic or practical markers for gatherings and were large stones or stone settings traditionally used as gathering places for local assemblies and acted
in the role of the early court.
They were used during the medieval and pre-medieval periods, roughly from the early Middle Ages until local courts and formal legal systems became established. Communities would gather around these stones to hold hearings and settle conflicts.
EuropeanUnion Law
The EU explicitly incorporates fairness through the Charter of Fundamental Rights, the principles of proportionality,
non-discrimination, transparency, and good administration and the requirements that member states maintain independent courts and equal treatment.
Fairness is an operational principle guiding regulation, competition law, consumer protection, and human rights.
Within European Union countries, integrating diverse cultures into a unified legal system presents a significant challenge. Concepts such as 'fairness' and 'justice' are interpreted differently, shaped by emotional, cultural, and legal perspectives unique to each country.
Western Thought Western philosophy—from Aristotle to modern democratic theory—connects justice with fairness.
Aristotle distinguished distributive and corrective justice, Kant emphasized equal moral worth of individuals and Rawls
defined justice as fairness, based on equal rights and the “veil of ignorance”.
These traditions shaped modern legal systems, including those of Finland and the EU.
Conclusion
Justice (oikeudenmukaisuus) and fairness (reiluus) overlap but differ in key ways. In everyday speech, fairness describes what feels right in human interactions. In law, justice demands consistent, rule-based decisions aligned with constitutional rights. Finland’s rule of law transforms moral ideals of fairness
into formal protections of equality, transparency, and accountability.
Across Vedic thought, ancient Finnish culture, EU law, and Western philosophy, both justice and fairness appear as universal ideals. Their enduring presence across traditions shows that societies - be past or present - seek balance, harmony, and respect for the individual through both moral principles and legal structures.
Thoughts from the Writer
When the letter of the law intersects with society’s perception of justice and fairness, courts and lawyers often face significant challenges in maintaining trust and order. In today’s world, where WhatsApp, social media, and instant online access amplify every sentiment, feelings of resentment toward the legal system can linger for years after a court case.
It is therefore crucial to educate the public about how the legal system functions—what it can achieve and its inherent limitations. A judge, despite the authority of the robe, acts within a structured system and often must make decisions that reflect compromise
rather than personal bias. Legal outcomes are rarely targeted at individuals; they are responses to complex situations with no perfect solutions.
Justice is shaped by history, culture, and contemporary legal practice. When combined with the pervasive influence of social media, misunderstandings and disinformation about the law can easily take root. Bridging the gap between public perception and legal reality is essential for fostering trust in the system.